Landrum-Griffin Act

• Author: Jeffrey Lehman, Shirelle Phelps

Page 200

The Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C.A. § 401 et seq.), commonly known as the Landrum-Griffin Act, is an important component of federal LABOR LAW. The act was named after its sponsors, Representative Phillip M. Landrum of Georgia and Senator Robert P. Griffin of Michigan. The provisions of Landrum-Griffin seek to prevent union corruption and to guarantee union members that unions will be run democratically.

The act resulted from a highly publicized investigation of union corruption and RACKETEERING chaired by Senator JOHN L. MCCLELLAN of Arkansas. The Senate Select Committee on Labor and Management Practices, popularly known as the McClellan Committee, was created in 1957 in large part because of the perception that the Teamsters Union was corrupt and under the influence of ORGANIZED CRIME. The McClellan Committee's investigation revealed that officials of the Teamsters Union and other groups had taken union funds for private use and that the union was clearly linked to organized crime. One result of the probe was the expulsion of the Teamsters and two other unions from the AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS (AFL-CIO). The AFL-CIO is the largest U.S. labor organization, a federation of autonomous LABOR UNIONS that is dedicated to enhancing and promoting unionism.

The other result was the passage of the Landrum-Griffin Act. To prevent abuses and acts of oppression, the act attempts to regulate some internal union affairs and provides for reporting to the government on various union transactions and affairs. Senator JOHN F. KENNEDY of Massachusetts was instrumental in inserting title I of the act (29 U.S.C.A. § 411 et seq.), which has been dubbed the union bill of rights. Title I mandates FREEDOM OF SPEECH and assembly in the conduct of union meetings, equality of rights regarding voting in elections, the nomination of candidates, and attendance at meetings. A secret ballot is required for voting on increases in dues or assessments. In regard to disciplinary actions, a member must be given written charges, time to prepare a defense, and a fair hearing. The act also guarantees that a member will not be subject to union discipline for attempting to exercise statutory rights. A member must have access to union financial records and has the right to recover misappropriated union assets on behalf of the union when the union fails to do so.

Title II...